Advocates:
['THOMBRE S S', 'COPY SERVED ON GP', '', 'G P']

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drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.4227 OF 2015

Pandit Pandurangrao Munde

PETITIONER

VERSUS

The State of Maharashtra & others RESPONDENTS

.......

Mr. V. D. Salunke, Advocate for the petitioners

Mr. D. R. Kale, Government Pleader for respondent No.1

Mr. R. N. Dhorde, Sr. Advocate i/b Mr. V. R. Dhorde for R-3

Mr. Deelip Patil-Bankar, Advocate for respondent No.4

.......

WITH

WRIT PETITION NO.4232 OF 2015

Dhananjay Panditrao Munde

PETITIONER

VERSUS

The State of Maharashtra & others RESPONDENTS

.......

Mr. S. S. Thombre, Advocate for the petitioner

Mr. D. R. Kale, Government Pleader for respondents No.1 to 3

Mr. Deelip Patil-Bankar, Advocate for respondent No.5

Mr. D. J. Choudnary, Advocate for respondent No.6

Mr. R. R. Mantri, Advocate for respondent No.10

.......

WITH

WRIT PETITION NO.4242 OF 2015

Pandit Pandurangrao Munde

PETITIONER

VERSUS

The State of Maharashtra & others RESPONDENTS

.......

Mr. V. D. Salunke, Advocate for the petitioners

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Mr. D. R. Kale, Government Pleader for respondent No.1

Mr. V. D. Hon, Sr. Advocate i/b Mr. V. B. Anjanwatikar, for R-3

Mr. Deelip Patil-Bankar, Advocate for respondent No.4

Mr. A. B. Girase, Advocate for respondent No.5

Mr. R. R. Mantri, Advocate for respondent No.9

.......

WITH

WRIT PETITION NO.4247 OF 2015

Dhananjay Panditrao Munde

PETITIONER

VERSUS

The State of Maharashtra & others RESPONDENTS

.......

Mr. S. S. Thombre, Advocate for the petitioners

Mr. D. R. Kale, Government Pleader for respondent No.1

Mr. Deelip Patil-Bankar, Advocate for respondent No.5

Mr. R. N. Dhorde, Sr. Advocate i/b Mr. V. R. Dhorde for R-6

.......

[CORAM : SUNIL P. DESHMUKH, J.]

DATE : 16

^th APRIL, 2015

ORAL ORDER :

1.

This group of writ petitions challenge two concurrent

orders passed by election officer, rejecting nominations of the

petitioners and the orders affirmed by the appellate authority.

2.

Election to Board of Directors of Vaidyanath Sahakari

Sakhar Karkhana Limited, Pangari, Taluka-Parli, District-Beed for

the term 2015 to 2020 is under progress. According to election

programme declared, last date of submission of nominations was

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27^th March, 2015, scrutiny was to take place on 30^th March,

2015, date of withdrawal of nominations was 1^st April, 2015,

date for allotting symbols and declaration of list of candidates is

16^th April, 2015, the polling is scheduled on 26^th April, 2015 and

the results are to be declared on 28^th April, 2015.

3.

Pursuant to the election programme, the petitioners had

submitted their nominations and on 30^th March, 2015 objections

by the contesting candidates to the nominations of the

petitioners have been taken, primarily on two grounds - that

them being defaulters, with reference to a litigation and a

compromise decree under the same in respect of one Jagmitra

Sahakari Soot Girni and the other objection to the nominations

of the petitioners was on the ground that one Mrs. Rajashri

Dhananjay Munde, who happens to be family member of the

petitioners, being director of Jagmitra Sugar Mills Limited, is

engaged in carrying on a business in goods similar to the ones

as those of the Vaidyanath Sahakari Sakhar Karkhana Limited.

4.

Undisputed facts, as they emerge are - said Mrs. Rajashri

Munde is director of Jagmitra Sugar Mills Limited and that she is

wife of Dhananjay Munde, petitioner in writ petitions No. 4232 of

2015 and 4247 of 2015 and daughter in law of Panditrao Munde

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petitioner in other two writ petitions viz., writ petition No. 4227

of 2015 and 4242 of 2015. Further, it is not disputed that the

aim and object of said Jagmitra Sugar Mills Limited inter alia is

to manufacture and sale of sugar and allied products, in the

areas, including the area of operat